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KOWALSKI v. TESMER

No. 03-407.

543 U.S. 125 (2004)

KOWALSKI, JUDGE, 26TH JUDICIAL CIRCUIT COURT OF MICHIGAN, ET AL. v. TESMER ET AL.

Supreme Court of United States.

Decided December 13, 2004.

Attorney(s) appearing for the Case

Thomas L. Casey, Solicitor General of Michigan, argued the cause for petitioners. With him on the briefs was Michael A. Cox, Attorney General. Judy E. Bregman filed briefs for respondent Kolenda in support of petitioners under this Court's Rule 12.6.

David A. Moran argued the cause for respondents Tesmer et al. With him on the briefs were Michael J. Steinberg, Kary L. Moss, Mark Granzotto, and Steven R. Shapiro.*

REHNQUIST, C. J., delivered the opinion of the Court, in which O'CONNOR, SCALIA, KENNEDY, THOMAS, and BREYER, JJ., joined. THOMAS, J., filed a concurring opinion, p. 134. GINSBURG, J., filed a dissenting opinion, in which STEVENS and SOUTER, JJ., joined, p. 136.

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

This case involves a constitutional challenge to Michigan's procedure for appointing appellate counsel for indigent defendants who plead guilty. The only challengers before us are two attorneys who seek to invoke the rights of hypothetical indigents to challenge the procedure. We hold that the attorneys lack standing and therefore do not reach the question of the...

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